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Sean Michael Patrick

Sean Patrick’s Answers

1,103 total


  • I'm wanting to amend child custody and get child support dated back to last May, do to step mom throwing all his stuff on lawn.

    Sons father was in jail for DUI, and was staying pretty intoxicated since 2012. My son have been living with me full time pretty much since then. Can I get 50/50 custody changed to 100% and get child support dating back at least from May 2014 when...

    Sean’s Answer

    You can certainly ask the court to change the custody order. Based on the facts you state, it is likely the request would be granted. Consult with an attorney to discuss obtaining a modification order.

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  • Am I receiving enough for the inconvenience I was put through?

    I was involved in an accident. A car lost control of their vehicle hit me from behind. I was in the car with my pregnant wife and brother that is 17 years of age. They called about a month and a half later and said they would cover the car and my ...

    Sean’s Answer

    If this is simply a property damage claim, you are entitled to reimbursement for loss of use, and repair or fair market value of your vehicle. Unfortunately, just being inconvenienced is not a damage for property damage claims. If you were injured in the collision, you should contact a personal injury attorney to discuss the types of damages you can recover.

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  • Evidence code?

    Hi, Ex-wife filed a RFO against me. I replied within days and have been following up every week or so. No response from her attorney. Finally got a response two nights before the hearing and she stated that the email/response/proposal cannot be...

    Sean’s Answer

    It was likely a real argument. Without more information it is impossible to assess whether it will be persuasive to the court to exclude the email/response/proposal.

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  • I got into a auto accident on May 21, 2014 hired a lawyer and it's been a year that they are working on my case. Is it too long?

    Rear ended, 8 months pregnant, fixed my car, taken to hospital via ambulance, one week stay due to accident

    Sean’s Answer

    It is pretty typical that cases take a year or two to resolve. Speak with your attorney if you have questions regarding the progress of your case.

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  • What can happen to the parents that abuse their children or any other children?

    I don't know why but I've been wondering about the consequences of child abuse and the consequences of the parents.

    Sean’s Answer

    In addition to potential criminal charges, and possibly civil liability, parents face losing their children to social services. It really depends on the circumstances and facts underlying the situation. If you know of children who are being abused, you should report it immediately.

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  • Can i claim both of my children for taxes?

    i have been the custodial parent for our children for the entire year of 2014. their dad and i only speak in terms of children. unfortunately, we are unable to come to any kind of understanding or agreement for anything else. its always unhealth...

    Sean’s Answer

    This is probably better addressed by a tax law attorney. Generally, a child is usually treated as "belonging" to the parent who has custody for the greater part of the year. That parent is called the custodial parent. The other parent is called the noncustodial parent.

    The general rule says that only the custodial parent can claim the dependent-exemption deduction for the child. However, an exception allows the custodial parent to give the noncustodial parent the right to claim the designated child as a dependent.

    ENLARGE

    .
    Under the noncustodial-parent rule, the designated child is treated as a qualifying child of the noncustodial parent if all the following requirements are met:

    Over half the child's support for the year must be provided by one or both parents.

    Parents must be divorced or separated under a written agreement at the end of the year or have lived apart during the last six months of the year.

    The child must be in the custody of one or both parents for over half the year.

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  • How would I get custody of my child and how could I low my child support payments

    She filed the first time then drop the case an now she reopen the case again

    Sean’s Answer

    It will depend on the order from the court. Typically custody and support obligations are determined upon order of divorce/separation or occasionally handled separately. Consult with an attorney to discuss the relevant details and see what the appropriate strategy is to modify or establish custody and support orders.

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  • How can i take my husband off my son birth certificate and put his bio father on it

    i had my son in 2008 and at the time i wasn't married and me and my mate thought my son was his so he signed the birth certificate and after a couple of months we realized that my mate wasn't the father and now since my son is old enough to realiz...

    Sean’s Answer

    Each jurisdiction has a different process to amend vital records. You should consider consulting with an attorney to discuss the specifics of your particular circumstances.

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  • Our pharmacy gave our daughter a wrong prescription medicine.

    She was given a heart medicine (digitek) instead of the normal medicine that she had been taking (niacin) and assumed that it was a generic substitute for the niacin. She took the medicine as she normally did for six days before realizing it was t...

    Sean’s Answer

    I have handled similar cases. Fortunately there was no long term harm done. Your daughter has legal recourse up to the damages she suffered. Consult with an attorney to review all your options.

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  • I am getting sued for 10,000. due to an accident I had 2 years ago. For personal injury, Negligence, property damage.

    Citrus Heights, Sacramento CA

    Sean’s Answer

    Either turn it over to your insurance , or consult with an attorney. There are a number of attorneys here on AVVO from Sacramento that will provide you with a free consultation. Best of luck.

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